IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.3898 OF 2017 BETWEEN:
1. V.R.Shekar, S/o.V.Ramamurthy, Aged about 46 years, President: M/s.Arjuna Souhardha Pathina Sahakari Niyamitha, 11th Cross, Malleshwaram, Bengaluru-560 003.
Residing at No.186, (Old No.33), 5th Main Road, Vyalikaval, Malleshwaram, Bengaluru-560 003.
2. Mrs.K.L.Geetha, W/o.Late Dayanand, Aged about 63 years, Vide-President: M/s.Arjuna, Souhardha Pathina Sahakari Niyamitha, 11th Cross, Malleshwaram, Bengaluru-560 003.
Residing at No.533/25, ‘Sri Renukadevi Nilaya’, 13th Cross, 10th Main Road, Vyalikaval, Malleshwaram, Bengaluru-560 003.
3. Mrs.R.S.Radhika, W/o.V.R.Shekar, Aged about 38 years, Director: M/s.Arjuna, Souhardha Pathina Sahakari Niyamitha, 11th Cross, Malleshwaram, Bengaluru-560 003.
Residing at No.186, (Old No.33), 5th Main Road, Vyalikaval, Malleshwaram, Bengaluru-560 003. … Petitioners (By Sri.Hashmath Pasha, Sr.Counsel for Sri. Nasir Ali, Advocate) AND:
1. State of Karnataka by Malleshwaram Police, Bengaluru-560 003, Being investigated by:
C.C.B Police, Bengaluru-560 002.
2. State of Karnataka by Assistant Commissioner of Police, Special Enquiry, Central Crime Branch Police, Bengaluru City, N.T.Pete, Bengaluru-560 002.
(Represented by Learned State Public Prosecutor) 3. V.Ramamurthy, S/o.Venkatachalapathy, Aged about 79 years, R/o.186/33, 5th Main, 14th Cross, Vyalikaval, Bengaluru-03. … Respondents (By Sri.S.Rachaiah, HCGP for R1 & 2; Sri.N.S.Hiremath, Adv. for R3) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the FIR in Cr.No.86/2017 for the offence p/u/s 420, 468 and 471 r/w 34 of IPC on the file of the LVI Addl.C.M.M, Bengaluru, which is being investigated by the C.C.B Police, Bengaluru as ‘an abuse of process of law’.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri.Hashmath Pasha, learned Senior Counsel for Sri.Nasir Ali, learned counsel for the petitioners.
Sri.S.Rachaiah, learned High Court Government Pleader for respondent Nos.1 and 2.
Sri.N.S.Hiremath, learned counsel for respondent No.3.
In this petition under Section 482 of Code of Criminal Procedure (hereinafter referred to as ‘the Code’ for short) the petitioners inter alia seek quashment of the FIR in Crime No.86/2017 for the offence punishable under Sections 420, 468, 471 read with Section 34 of Indian Penal Code, 1860, on the file of LVI Additional Chief Metropolitan Magistrate, Bengaluru, which is being investigated by the C.C.B Police, Bengaluru be quashed.
2. When the matter was taken up today, the parties i.e., petitioners and respondent No.3, who are present in person stated that they have amicably settled the dispute between them and have filed a joint memo, which is taken on record and hence, the FIR in Crime No.86/2017 for the offence punishable under Sections 420, 468, 471 read with Section 34 of Indian Penal Code, 1860, on the file of LVI Additional Chief Metropolitan Magistrate, Bengaluru, which is being investigated by the C.C.B Police, Bengaluru be quashed.
3. I have heard the learned counsel for the parties and have perused the record. Admittedly, the petitioners and respondent No.3 have entered into a compromise and have settled the dispute amicably between themselves. The dispute appears to be of civil nature and the parties are members of the family. There is no chance of conviction against the accused and the entire exercise of trial would be an exercise in futility. It is well settled in law that this Court in exercise of powers under Section 482 of the Code can quash the proceedings in respect of even a non compoundable offence in the light of the guidelines laid down by the Supreme Court in the case of ‘PARBATBHAI AAHIR VS. STATE OF GUJRAT’, (2017) 9 SCC 641 and ‘STATE OF MADHYA PRADESH VS. LAXMI NARAYAN & OTHERS’, AIR 2019 SC 1296.
4. In view of the aforesaid enunciation of law and in view of the guidelines laid down by the Supreme Court in the aforementioned decisions, in order to secure the ends of justice and taking into account the fact that the parties have amicably resolved the dispute, I deem it appropriate to exercise the inherent powers to quash the criminal proceedings.
5. In the result, the FIR in Crime No.86/2017 for the offence punishable under Sections 420, 468, 471 read with Section 34 of Indian Penal Code, 1860, in view of the compromise arrived at between the parties, are hereby quashed. Accordingly, the petition is allowed.
6. Needless to state that the documents of the petitioners seized during the course of the investigation be released to them in accordance with law.
Sd/- JUDGE dn/-